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February 2, 2011
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Consolidated Mandate

Pursuant to Order in Council P.C. 1991-1329 of 15 July, 1991, a Commission issued under Part I of the Inquiries Act and the Great Seal of Canada. That Commission has been substantively amended by P.C. 1992-1730 of 27 July, 1992, P.C. 1993-1444 of 24 June, 1993 and P.C. 2007-1789 of 22 November, 2007. Other Commissions have issued over the years to appoint Commissioners. Omitting reference to appointments, the Commission as amended is as follows:

              WHEREAS, by Order in Council ... , the Committee of the Privy Council has advised that a Commission do issue under Part I of the Inquiries Act, chapter I-11 of the Revised Statutes of Canada, 1985 ... ;

                AND WE DO HEREBY advise that our Commissioners, on the basis of Canada’s Specific Claims Policy published in 1982 and subsequent formal amendments or additions as announced by the Minister of Indian Affairs and Northern Development (hereinafter referred to as “the Minister”), by considering only those matters at issue when the dispute was initially submitted to the Commission, inquire into and report on:

a) whether a claimant has a valid claim for negotiation under the Policy where that claim has already been rejected by the Minister; and

b) which compensation criteria apply in negotiation of a settlement, where a claimant disagrees with the Minister’s determination on the applicable criteria.  

 AND WE DO HEREBY

 a) authorize our Commissioners

(i) to adopt such methods, subject to subparagraph (iii), as they may consider expedient for the conduct of the inquiry and to sit at such times and in such places as they may decide; 
 
(ii) to provide such advice and information as the Joint First Nations/Government Working Group may request from time to time;

(iii) to provide or arrange, at the request of the parties, such mediation services as may in their opinion assist the Government of Canada and an Indian band to reach an agreement in respect of any matter relating to an Indian specific claim;

(iv) to rent such space and facilities as may be required for the purposes of the inquiry, in accordance with Treasury Board policies;
 
(v) to engage the services of such experts and other persons as are referred to in section 11 of the Inquiries Act at such rates of remuneration and reimbursement as may be approved by the Treasury Board; and 
 
(vi) to publish the Indian Specific Claims Commission Proceedings as may be appropriate from time to time; and

 b) direct our Commissioners

(i) to submit their findings and recommendations to the parties involved in a specific claim, where the Commissioners have conducted an inquiry, and to submit to the Governor in Council in both official languages an annual report and any other reports from time to time that the Commissioners consider required in respect of the Commission’s activities and the activities of the Government of Canada and the Indian bands relating to specific claims, 
 
(ii) to file their papers and records with the Clerk of the Privy Council as soon as reasonably may be after the conclusion of the inquiry,
 
(iii) to not accept or undertake new inquiries into specific claims as of the day on which the Bill entitled the Specific Claims Tribunal Act is tabled in the House of Commons,

(iv) as of the day on which the Bill entitled the Specific Claims Tribunal Act is tabled in the House of Commons, to cease all activities on inquiries that are currently before the Commission, except for those inquiries for which dates for the community sessions have already been scheduled or the community sessions have been completed or final legal submissions, either written or oral, have been completed, to notify in writing the affected First Nations of the cessation of their inquiries and to return all documents filed for the inquiries by the affected First Nations,
 
(v) subject to paragraph (vi), to complete, by December 31, 2008, all inquiries, including the reports related to such inquiries, that are currently before the Commission, and in respect of which dates for the community sessions have already been scheduled or community sessions have been completed or final legal submissions, either written or oral, have been completed,
 
(vi) to immediately cease an inquiry and not issue a report, on written request to the Commission by the claimant First Nation,

(vii) to cease, by March 31, 2009, all their activities and all activities of the Commission, including those related to mediation, and
 
(viii) to submit a final annual report to the Governor in Council by March 31, 2009.



Last Updated: 2007-12-19 Top of Page Important Notices